Grand jury indicts deputy, parents of man allegedly attacked

Dashcam video of Harris County Precint 4 Constable's arrest of David Scherz and his mother, father, sister and aunt on 9/10/2011.

Media: Houston Chronicle

A suspended Montgomery County deputy constable has been indicted in a case where he is accused of kicking a restrained traffic offender five times, breaking one of his ribs.

The same Harris County grand jury that indicted Capt. Jimmy Earl Drummond on charges of official oppression also indicted the parents of the man he is accused of beating. The indictments come more than two years after the incident involving David B. Scherz Jr. and more than a year after prosecutors dismissed initial charges against his parents and other relatives charged in the case.

Drummond, 45, was a sergeant with Pct. 4 Harris County Constables office when a dashboard camera recording him kicking and kneeing Scherz, 27, after a Sept. 10, 2011, traffic stop outside his west Houston home. Drummond kicked Scherz as two other deputies held him down, and returned when Scherz was handcuffed, kneed him in the neck and then wrenched his head back, according to the misdemeanor indictment.

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A family photo of Braxton Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy pulled over Scherz' son David Scherz in the family's driveway for a traffic stop. less

A family photo of Braxton Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy pulled over Scherz' ... more

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A family photo of Braxton Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy pulled over Scherz' son David Scherz in the family's driveway for a traffic stop. less

A family photo of Braxton Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy pulled over Scherz' ... more

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A family photo of Braxton Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy pulled over Scherz' son David Scherz in the family's driveway for a traffic stop. less

A family photo of Braxton Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy pulled over Scherz' ... more

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A family photo of David Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy stopped Scherz in the family's driveway for a traffic stop. less

A family photo of David Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy stopped Scherz in the ... more

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A family photo of David Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy stopped Scherz in the family's driveway for a traffic stop. less

A family photo of David Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy stopped Scherz in the ... more

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A family photo of David Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy stopped Scherz in the family's driveway for a traffic stop. less

A family photo of David Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy stopped Scherz in the ... more

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A family photo of David Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy stopped Scherz in the family's driveway for a traffic stop. less

A family photo of David Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy stopped Scherz in the ... more

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A family photo of David Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy stopped Scherz in the family's driveway for a traffic stop. less

A family photo of David Scherz and the injuries he sustained while being arrested along with several family members in front of his home after a Harris County Precinct 4 Constable Deputy stopped Scherz in the ... more

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A family photo of Irma Montes and the injuries she sustained while being arrested along with several family members in front of her sisters home after a Harris County Precinct 4 Constable Deputy pulled over Montes' nephew David Scherz in the family's driveway for a traffic stop. less

A family photo of Irma Montes and the injuries she sustained while being arrested along with several family members in front of her sisters home after a Harris County Precinct 4 Constable Deputy pulled over ... more

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A family photo of Irma Montes and the injuries she sustained while being arrested along with several family members in front of her sisters home after a Harris County Precinct 4 Constable Deputy pulled over Montes' nephew David Scherz in the family's driveway for a traffic stop. less

A family photo of Irma Montes and the injuries she sustained while being arrested along with several family members in front of her sisters home after a Harris County Precinct 4 Constable Deputy pulled over ... more

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A family photo of Irma Montes and the injuries she sustained while being arrested along with several family members in front of her sisters home after a Harris County Precinct 4 Constable Deputy pulled over Montes' nephew David Scherz in the family's driveway for a traffic stop. less

A family photo of Irma Montes and the injuries she sustained while being arrested along with several family members in front of her sisters home after a Harris County Precinct 4 Constable Deputy pulled over ... more

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Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side as another officer holds him down. All charges against the family were dismissed by prosecutors for lack of probable cause.
Photos courtesy of Scherz family less

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side ... more

Image 13 of 20

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side as another officer holds him down. All charges against the family were dismissed by prosecutors for lack of probable cause.
Photos courtesy of Scherz family less

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side ... more

Image 14 of 20

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side as another officer holds him down. All charges against the family were dismissed by prosecutors for lack of probable cause.
Photos courtesy of Scherz family less

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side ... more

Image 15 of 20

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side as another officer holds him down. All charges against the family were dismissed by prosecutors for lack of probable cause.
Photos courtesy of Scherz family less

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side ... more

Image 16 of 20

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side as another officer holds him down. All charges against the family were dismissed by prosecutors for lack of probable cause.
Photos courtesy of Scherz family less

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side ... more

Image 17 of 20

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side as another officer holds him down. All charges against the family were dismissed by prosecutors for lack of probable cause.
Photos courtesy of Scherz family less

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side ... more

Image 18 of 20

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side as another officer holds him down. All charges against the family were dismissed by prosecutors for lack of probable cause.
Photos courtesy of Scherz family less

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side ... more

Image 19 of 20

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side as another officer holds him down. All charges against the family were dismissed by prosecutors for lack of probable cause.
Photos courtesy of Scherz family less

Dash board cameras from Pct. 4 Constables office shows the arrest of five members of a north Houston family,
After David B. Scherz Jr. allegedly ran a stop sign. One deputy constable kicks Scherz in the side ... more

Image 20 of 20

A charge of "Official Oppression" was warranted and a summons has been issued for ex-employee, Jimmy Drummond to appear in court.
The Precinct 4 Constable's Office (Internal Affairs Division) led an investigation regarding the abuse of force issued by the Scherz family on Friday, August 16, 2013. The complaint stemmed from an incident that occurred on September 10, 2011 (almost two years earlier). less

A charge of "Official Oppression" was warranted and a summons has been issued for ex-employee, Jimmy Drummond to appear in court.
The Precinct 4 Constable's Office (Internal Affairs Division) led an ... more

Photo: Precinct 4 Constable's Office

Grand jury indicts deputy, parents of man allegedly attacked

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Federal suit filed

Scherz, his mother, father, sister and aunt were arrested at the scene after they came out of the house to ask why deputies were detaining Scherz.

Charges against the five family members were dropped by prosecutors in 2012, and Scherz filed a federal lawsuit last August against Harris County, Drummond and two other deputies involved in his arrest.

Calls to Drummond's defense attorney were not returned.

When the grand jury indicted Drummond last month, they also indicted Scherz's mother, Rosa Yvonne Scherz, 57, on a misdemeanor charge of interfering with public duties. His father, David B. Scherz Sr., 59, faces a felony charge of assaulting a public servant, accused of striking a deputy with his hand, the indictment reads.

Civil and criminal attorneys for the family say the renewal of criminal charges amount to retaliation.

"The video clearly shows Drummond viciously kicking, punching, laughing and yanking David Scherz Jr.," said civil rights attorney Randall Kallinen, who brought the suit. "The grand jury had no choice but to indict with this clear-cut information."

Kallinen said it was "very disappointing" the grand jury did not indict other deputies involved in the arrest.

"We have a pending civil rights lawsuit and a couple of our claims are false arrest," he said. "So basically, if you're convicted of something there is no false arrest claim."

Kallinen provided an Pct. 4 internal affairs study showing Drummond and another deputy had a higher incidence of excessive force, dishonesty and abusive language complaints than other deputies between 2003 and 2009. Pct. 4 Chief Deputy Jim Sumner confirmed the study said Drummond was counseled by supervisors who were advised of the complaints, but noted none of them was sustained.

'Good reason' to dismiss?

"So evidently, he cleaned himself up," Sumner said.

Sumner said the department investigated the arrests after David Scherz Jr. made a formal complaint last year and forwarded the results to the Harris County District Attorney's office.

He said the department supports the charges brought against their former employee, who was later hired in Montgomery County.

Mark Bennett, a defense attorney representing David Scherz Sr., said the prosecutors had "good reason'' to dismiss the charges against the family in 2012.

"The fact we are going to have to fight those (new) charges chills the people's efforts to correct in civil court the bad conduct of a bad cop," said Bennett. "I think the lesson here is intended to be, if a cop roughs you up don't make a fuss."

A spokesman for the Harris County District Attorney's office said the excessive force complaint against Drummond prompted prosecutors to mount "a more thorough review of the entire incident," and concluded the decision to dismiss the earlier cases had been "flawed."

A monthlong grand jury investigation, in which prosecutors did not make a recommendation on charges, resulted in the indictments.